GP says "unfit for work"+ESA say "fit"=no money

My husband just failed ESA appeal. He is on a sick note from GP to say he is unfit for work. ESA say he is fit for work. Now his money has been stopped-how are we supposed to live?? I am a pensioner. What should we do next?

Dianne wrote:

My husband just failed ESA appeal. He is on a sick note from GP to say he is unfit for work. ESA say he is fit for work. Now his money has been stopped-how are we supposed to live?? I am a pensioner. What should we do next?

Can you clarify when you say your husband has 'failed ESA appeal' whether you mean he has failed at an appeal Tribunal or whether you mean he asked the DWP to reconsider his case and has failed to get his award increased? Depending on your answer we can explain the options available.

Pete

Thank you. He failed his tribunal appeal.

He failed his Tribunal Appeal.

Dianne wrote:

Thank you. He failed his tribunal appeal.

Hi,

in that case your options are somewhat more limited.

It maybe an idea to ask the Tribunal Service at the venue where the tribunal was held for The Judge's statement of reasons. This explains how the panel came to their decision on the claim.

Once you have that, it really needs going through in depth with a welfare rights adviser to see if the panel has 'erred in law' or breached natural justice. Only an expert can help you do this.

If there has been an error in law, it maybe possible to either take your case to an upper tribunal and/or ask that the 1st Tier tribunal result be set aside.

You cannot progress along this line of route just because you disagree with the result. There must have been an error in law etc.

Failing that, it maybe possible, depending on how long it is since the original claim was declined by the DWP, to put in a new claim for ESA.

The other options really are not to claim or claim Jobseekers Allowance if fit.

Also there maybe an option to claim Disability Living allowance if your husband is under 65 and has care/mobility needs. This can be claimed in addition to ESA/JSA etc.

Pete

Thanks, Pete. But as my husband says-how can he declare himself fit for work by signing on Jobseekers, when his GP says he isn't fit-and he clearly cannot hold down a job because of pain and weakness. The re-appeal Tribunal process seems so daunting. Is it worth trying for Income Support?